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(영문) 서울남부지방법원 2017.12.08 2016가합108022

물품대금

Text

1. As to the Plaintiff’s KRW 2,576,059,818 and its KRW 942,964,818, the Defendant shall start January 26, 2016, and the remainder 1,633.

Reasons

1. Basic facts

A. On April 29, 2015, the Plaintiff entered into a goods supply contract with the Defendant, upon receiving an order from the Defendant Company B, etc. (hereinafter “B”), which is the Defendant’s business partner, and again placing an order to the Plaintiff, the Plaintiff entered into a goods supply contract with the purpose of reducing transportation costs, which is based on the transaction structure of directly supplying rice, etc. to B, etc. through the Yeongdeungpo-gun Agricultural Cooperative Joint Business Corporation and the Gangwon-gun Agricultural Cooperative Joint Business Corporation, etc. (hereinafter “instant contract”). The main contents of the instant contract are as follows.

Article 4 (Contract Order) (1) The plaintiff shall deliver goods according to the order of the defendant or the defendant's customer and the items, quantity, place of delivery, payment period, and other necessary matters of the B2B system provided by the defendant.

(2) Even before the delivery deadline, the Plaintiff should comply with the request of the Defendant for partial delivery of the ordered volume, except in extenuating circumstances.

Article 12 (Settlement and Payment of Price) The defendant shall pay the settlement of the price for the goods supplied by the plaintiff in cash within 25 days after the end of each month only for the portion that has been completed according to the defendant's closing criteria.

B. 1) After entering into the instant contract, the Plaintiff supplied grain equivalent to KRW 15,443,310,50 in total from May 20, 2015 to May 27, 2016 according to the Defendant’s order after entering into the instant contract, to B, C, etc. (hereinafter “instant transaction”).

(2) The Defendant asserted that only KRW 12,867,250,682 out of the above price of the above goods was paid to the Plaintiff, and that the remaining KRW 2,576,059,818 was caused by abnormal transactions not registered in the Defendant’s internal system, and the payment is suspended until the date of the closing of argument in the instant case. 2) The Plaintiff’s product supply details and the Defendant’s payment details are as indicated below, and the Defendant’s payment details are as follows.